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6

The Council of Ministers

The Constitution of India provides for a parliamentary system of government in which the president is a nominal constitutional head and the actual executive authority of the Union is exercised by the council of ministers. Article 74 of the Constitution provides for a council of ministers and states, ‘there shall be a council of ministers with the prime minister at the head to aid and advise the president who shall, in the exercise of his functions act in accordance with such advice.’ The 42nd Amendment of the Constitution in 1976 made it obligatory for the president to act on the advice of the council of ministers but through the 44th Amendment in 1978 he was empowered to refer such advice back for reconsideration. ...

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